THE ESSENCE OF STATE SOVEREIGNTY
After studying the material in this chapter, the student must:
• the history of the emergence of the idea of national sovereignty, its basic principles and guidelines, the main sources;
• internal and external sovereignty;
• The role and importance of sovereignty in the international arena
be able to
• determine the relationship between the concepts national sovereignty and "people's sovereignty";
• Knowledge of the identification and explanation of the relationship between authority and the sovereignty of the nation state.
In most modern interpretations of the legitimacy of power, the idea of sovereignty occupies a central place. In conjunction, they became the axial component of the emerging theory of the nation state. It can not be otherwise, since they touch on such key issues as the source and nature of the supreme power. Recognition of the legitimacy of the authorities of the state government means recognition of the legitimate right to make decisions binding on all citizens of that state, without exception, and acting throughout the territory that is its jurisdiction. The problem of sovereignty affects not only the hierarchy of power structures, but also the place of the state itself among a number of human societies, unions, collectives.
Theories of National Sovereignty
The struggle for power, which during the formation of the national state resulted in dynastic, civil and religious wars, unfolded around the question of recognizing the national state as the main form of self-organization of the people in a certain territory. Separate elements of the theory of national sovereignty were originally developed in France at the turn of the Middle Ages and New Times in the struggle of national monarchies formed against the Roman Catholic Church and the Holy Roman Empire, as well as against feudal disunity. It was called upon to help the ruling dynasty to assert its one-man power within the national state.
The theory of national, or national-state, sovereignty was formed along with the idea of a nation-state. In 1574, continuing the tradition of contractual origin of the state, T. Beza published anonymously his work "On the rights of the rulers in relation to his subjects", in which the question was raised: "Should we obey the rulers as unconditionally as the will of God? Answering this question negatively, Beza justified the idea that if the kings violate the divine commandments and are unjust, then the people have the right not to obey them. "Not peoples exist for rulers," he wrote, "but rulers for peoples, as well as a shepherd is needed for the herd, and not a herd for a shepherd."
These and related ideas served as the basis for the theory of people's sovereignty, in the development of which contributed to the contribution of G. Grotius, J. Boden T. Hobbes, J. Locke, L. L. Montesquieu, J. J. Rousseau, G. VF Hegel et al.
Priority in nominating this idea belongs to the legal scholar of the period of religious wars in France J. Bodin, who in his main work "Six Books on the Republic" (1576) thoroughly analyzed the essence of the state in its most important aspects. The main essence of the book was to substantiate the thesis that the existence of the state can only be spoken if it is endowed with sovereignty,
According to J. Bodin, the state is formed when weakly connected politically feudal possessions are united under the auspices of supreme power, a single sovereign. In a separate territory there is no and there can be no power higher than the sovereign power of the state. Believing that the source of sovereignty is the people, Bodin argued that "the supreme and permanent power over citizens with the right to life and death, the people can transfer to one of the citizens without any restrictions, just as an owner who wishes to give someone a gift" .
From this postulate he concluded: "Sovereignty is unlimited supreme power over subjects". In other words, under sovereignty, Bodin understood the "absolute and permanent power", "the supreme authority to command." It is one, indivisible and unlimited, and is not connected with any constraining conditions.
Therefore, Bodin argued, there can not be divided sovereignty, by the distribution of functions that are secondary to the realization of a single sovereign will. Legally, a sovereign can not be deposed and can not be countered. Either the ruler of an independent state has absolute power, Boden stressed, or he is subordinate to any other authority standing over and beside her.
According to T. Hobbes, regardless of the form of government, the power is entirely concentrated in the sovereignty of the ruler of the ruler. "In political bodies," he wrote, "the power of representatives is always limited, and its limits are prescribed by the supreme authority, for unlimited power is absolute sovereignty. And in every state the sovereign is the absolute representative of all subjects. Therefore, anyone else can be the representative of a part of these subjects only to the extent permitted by the sovereign. " In his opinion, the separation of the supreme authority "would contradict the goals of establishing peace among the subjects and their protection". In other words, according to Hobbes, the sovereignty and power of the sovereign are not limited in any way, without them society would be only a conglomeration of disparate individuals.
One of the interesting versions of the theory of sovereignty belongs to J. J. Rousseau. In his view, the source of sovereign power is an organized people. He concludes a social contract, the essence of which is as follows:Each of us transfers to the common heritage and puts his personality and all his forces under the supreme leadership of the common will, and as a result for us all together, each member turns into an indivisible part of the whole. "
As a result, instead of individuals entering into contractual relations, a certain collective entity is formed, which receives its general , its life and will ... As for the members of the association, they together receive the name of the people, and are individually called citizens as participating in the supreme authority, and subjects as subordinate to the laws of the State. "Created in this way, public power, according to Rousseau, personifies perfect sovereignty, not subject to any kind of alienation, restriction, delegation. The supreme power of the people can not be transferred to anyone. The Supreme will must be one and indivisible. It should not split up into parties and turn into the dominance of parties of the stronger. Otherwise, the legitimacy of the state system is destroyed.
A significant contribution to the modern understanding of the theory of sovereignty introduced by GVF Hegel and other scientists of the XIX-XX century. Rejecting the very idea of the people's sovereignty of J. Rousseau, Hegel proceeded from the postulate that sovereignty should belong exclusively to the state. In his opinion, "the people at first are not yet a state, and the transition of the family, hordes, tribes, crowds, etc." in the state of the state is the formal implementation of the idea in general
The people without the state, Hegel argued, is just an inorganic mass, just a conglomeration of people. Therefore, not being a state, people can not have sovereignty. "People's sovereignty can be said only in the sense that the people in general are independent in relation to the outside world and constitute their own state." The substance of the state, its sovereignty, acts as the absolute power of an ideal whole over all individual, special and finite, property and rights of individuals and their associations. Moreover, the "person of the state is valid only as a person, as a monarch."
Hence the main idea of the concept of Hegel's sovereignty is the idea of the indissoluble integrity of the state, within which no part can have an independent existence.
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